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HomeMy WebLinkAboutR-11-0409City of Miami Legislation Resolution: R-11-0409 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00883 Final Action Date: 10/13/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF FRANCISCO FONDEUR, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $75,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.524000.0000.00000. WHEREAS, Francisco Fondeur has alleged various dates of accident in the course and scope of his employment with the City of Miami, and filed claims against the City of Miami with the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and WHEREAS, the Office of the City Attorney has investigated all these dates of accident and claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that all dates of accident and claims be settled for the sum of $75,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay to and on behalf of, Francisco Fondeur, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $75,000, in full settlement of any and all claims and dates of accident, alleged against the City of Miami, its officers, agents and employees, without admission of liability, upon executing a settlement agreement and general release of the City of Miami its present and former officers, agents, and employees, from any and all claims and demands, except as noted above, with funds allocated from Account No. 05002.301001.524000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: City of Miami Page 1 of 2 File Id: 11-00883 (Version: 1) Printed On: 10/19/2017 File Number: 11-00883 Enactment Number: R-11-0409 {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 11-00883 (Version: 1) Printed On: 10/19/2017